Iron Workers Local 167

National Labor Relations Board - Board Decisions

Jun 25, 1974

211 N.L.R.B. 951 (N.L.R.B. 1974)

IRON WORKERS LOCAL 167
Iron Workers Local Union No. 167, International
Association of, Bridge, Structural and Ornamental
Iron Workers, AFL-CIO (Binswanger Glass Com-
pany) and Glaziers & Glass Workers Local Union
No. 242 of The National Brotherhood of Painters &
Allied Trades , AFL-CIO. Case 26-CD-98
June 25, 1974
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
On March 21, 1974, the parties' hereto filed a
stipulation with the National Labor Relations Board
which expressly waived a hearing before an Adminis-
trative Law Judge and provided that certain tran-
scripts in the Board's previous 10(k) proceeding and
in the 10(1) injunction proceeding in the United
States district court and also certain specific records
shall constitute the entire record in the case 2 and that
this proceeding may be transferred forthwith to the
Board. On April 2, 1974, the Board ordered that the
stipulation be approved and made a part of the
record and further ordered that the proceeding be
transferred and continued before the Board in
Washington, D.C., for the purpose of making
findings of fact and conclusions of law and for the
issuance of a Decision and Order.
April 25, the General Counsel filed a motion to
correct the transcript. By order dated May 15, 1974,
the Board granted the motion.
The General Counsel and the Iron Workers filed
briefs. The Glaziers filed a brief in reply to the Iron
Workers brief and a statement adopting the General
Counsel's brief as its brief. Binswanger Glass
Company filed a reply to the brief of the Iron
Workers.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
I. THE UNFAIR LABOR PRACTICE
A. Background and Facts of the Dispute
Allen & O'Hara is the general contractor for the
t The parties joining in the stipulation are the Iron Workers Local Union
No. 167, International Association of Bridge , Structural and Ornamental
Iron Workers, AFL-CIO; Glaziers & Glass Workers Local Union No. 242
of the National Brotherhood of Painters & Allied Trades, AFL-CIO;
Binswanger Glass Company ; and counsel for the General Counsel.
2 While the Iron Workers brief has papers attached styled "Exhibits A,
951
construction of the Cook, Treadwell and Harry
Building in Memphis, Tennessee. Binswanger has a
contract with Allen & O'Hara to install the curtain
wall on the building.
The preponderance of the evidence establishes that
Ernest Nolen, Varner Roberson, and Robert Craig,
all agents of the Iron Workers, spoke with Tom
Upton, Binswanger's contract manager, on March
19, 1973, and Nolen threatened that if Binswanger
did not assign the curtain wall installation to the Iron
Workers then the Iron Workers would take action to
force Allen & O'Hara to get the disputed work
assigned to the Iron Workers. Nolen buttressed his
threat by suggesting that the Iron Workers would
assist Starline, an employer who uses preglazed work
and the Iron Workers to install the work, in coming
into the Memphis area which would mean competi-
tion for Binswanger in the Memphis area. Nolen also
threatened Binswanger by explaining how the Iron
Workers had advised contractors that Nurre Glass
Company was unfair after Nurre had assigned the
work of installing revolving doors to the Glaziers
which the Iron Workers claimed belonged to them,
and that the Iron Workers similarly would advise
Allen & O'Hara that Binswanger was being unfair to
the Iron Workers.
B. The Determination of the Dispute
On November 20, 1973, the Board issued its
Decision and Determination of Dispute 3 and as-
signed the work of the installation of framing
required for the erection of curtain wall on the Cook,
Treadwell and Harry Building in Memphis, Tennes-
see, to the employees employed by Binswanger Glass
Company who are represented by Glaziers & Glass
Workers Local Union No. 242 of the National
Brotherhood of Painters & Allied Trades, AFL-CIO.
The Board also ordered that the Respondent, Iron
Workers Local Union No. 167, International Associ-
ation of Bridge, Structural and Ornamental Iron
Workers, AFL-CIO, was not entitled by means
proscribed by Section 8(b)(4)(ii)(D) of the Act to
force or require Binswanger Glass Company, Mem-
phis, Tennessee, to assign the above work to
ironworkers represented by it.
C. Respondent's Refusal To Comply
The Iron Workers answer admits that, since about
January 1974, Iron Workers has failed and refused,
and continues to fail and refuse, to comply with the
B, C, D, E, F, and G," we note that they are not in the list of documents and
papers stipulated by the parties to be a part of the record in the instant
proceeding and we, therefore , reject those documents as being outside of the
record to which the parties agreed . For the same reason , we reject "Exhibit
A" attached to the Glaziers brief.
3 207 NLRB No. 56.
211 NLRB No. 70
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
terms of the Board's Decision and Determination of
Dispute in the instant matter.
D. No Agreed-Upon Method for Settlement of
Dispute
The Iron Workers contend that there exists an
agreed-upon voluntary method of dispute settlement
and therefore the Board should not assert jurisdic-
tion over the instant matter.
Section X of the agreement between the Interna-
tional Association of Bridge, Structural and Orna-
mental Iron Workers and the Brotherhood of
Painters , Decorators and Paperhangers of America
specifically provides for a method of dispute settle-
ment. Our original Decision and Determination of
Dispute held that this was not an effective agreed-
upon method for voluntary settlement of the dispute
for two reasons . First, even assuming Local 242 of
the Glaziers is bound by the 1961 agreement between
the two Internationals (which the Glaziers deny),
Binswanger signed a stipulation with the Unions
expressly providing that it would not be bound by
the provisions or procedures of section X of the
agreement and thus a necessary party (the Employer)
has not agreed to the method of dispute settlement
provided for in section X of the contract. N.L.R.B. v.
Plasterers Local Union No. 79, Operative Plasterers'
and Cement Masons' International Association,
AFL-CIO, [Texas State Tile and Terrazzo Co.], 404
U.S. 116 (1971); Local 189, United Association of
Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the United States and Canada,
AFL-CIO (Kahoe Air Balance Co.), 197 NLRB 159;
Local 395, Bridge, Structural and Ornamental Iron
Workers, AFL-CIO (Telander Bros. Contractors,
Inc.), 196 NLRB 119. Second, even if Binswanger
was a member of the National Joint Trade Board of
the Glass and Glazing Industry, which had signed a
separate agreement with the Iron Workers Interna-
tional providing that the National Joint Trade Board
would assign work in accordance with sections I
through IX of the 1961 agreement, there is no
evidence that the National Joint Trade Board's
action was binding on the contractors with regard to
section X.
After the Board's Decision and Determination of
Dispute issued, the Iron Workers filed a motion for
reconsideration arguing for the first time that
another part of the agreement signed by the two
Internationals and the National Joint Trade Board of
the Glass and Glazing Industry providing for an
"Administrative Committee" to process disputes over
the application, interpretation, and administration of
the agreement was an agreed-upon method for
settling disputes. However, there was no evidence
presented regarding the function of the "Administra-
tive Committee" nor was there any evidence that the
instant dispute or any jurisdictional dispute had ever
been presented to the committee. Two exhibits were
introduced into evidence which indicate that the
Administrative Committee has met at times over the
past several years to discuss various interpretations
of substantive terms of the contract. It is clear that
the Administrative Committee is designed to deal
with interpretations of contract terms and changes
but not jurisdictional disputes since the contract has
specific machinery for deciding jurisdictional dis-
putes in section X of the contract. As noted above,
the Employer herein is not bound to the provisions of
section X.
In the present unfair labor practice proceeding, the
Iron Workers reiterates its position that the Adminis-
trative Committee is an agreed-upon method of
dispute settlement and therefore the Board should
not assert jurisdiction over the matter. This conten-
tion has been considered again and is rejected for the
reasons set forth above.
E. Violation of Section 8(b)(4)(ii)(D)
On the basis of the foregoing and the entire record
in this proceeding, we find that Respondent's threat
that if Binswanger did not assign the curtain wall
installation to the Iron Workers the Iron Workers
would take action to force Allen & O'Hara to get the
disputed work assigned to the Iron Workers, and
Respondent's threats to advise Allen & O'Hara that
Binswanger was being unfair to the Iron Workers
violated Section 8(b)(4)(ii)(D) of the Act.
We further find that Respondent has refused to
comply with the Board's Decision and Determina-
tion of Dispute in the prior 10(k) hearing.
II. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of Respondent set forth in section I,
above, occurring in connection with the Employer's
operations, have a close, intimate, and substantial
relationship to trade, traffic, and commerce among
the several States and tend to lead to labor disputes
burdening and obstructing commerce and the free
flow of commerce.
III. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(b)(4)(ii)(D) of the Act, we shall
order that Respondent cease and desist therefrom
and take certain affirmative action to effectuate the
purposes of the Act.
IRON WORKERS LOCAL 167 953
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Binswanger Glass Company is an employer
engaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. Iron Workers Local Union No. 167, Interna-
tional Association of Bridge, Structural and Orna-
mental Iron Workers, AFL-CIO, and Glaziers &
Glass Workers Local Union No. 242 of the National
Brotherhood of Painters & Allied Trades, AFL-CIO,
are labor organizations within the meaning of the
Act.
3. The Respondent has violated and is violating
Section 8(b)(4)(ii)(D) of the Act by attempting to
force or require the Employer to assign the work of
the installation of framing required for the erection
of curtain wall on the Cook, Treadwell and Harry
Building in Memphis, Tennessee, to ironworkers
represented by Iron Workers Local Union No. 167
by means proscribed by Section 8(b)(4)(ii)(D) of the
Act.
4. The aforesaid unfair labor practice is an unfair
labor practice affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
signed by Respondent's representative, shall be
posted by it immediately upon receipt thereof, and
be maintained by it for 60 consecutive days thereaft-
er, in conspicuous places, including all places where
notices to members are customarily posted. Reasona-
ble steps shall be taken by Respondent to insure that
said notices are not altered, defaced, or covered by
any other material.
(b) Sign and mail copies of said notice to the
Regional Director for posting by Binswanger Glass
Company, if that company be willing, at locations
where notices to its employees are customarily
posted.
(c) Notify the Regional Director for Region 26, in
writing, within 20 days from the date of this Order,
what steps the Respondent has taken to comply
herewith.
4 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading "Posted by Order
of the National Labor Relations Board" shall read "Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that Respondent,
Iron Workers Local Union No. 167, International
Association of Bridge , Structural and Ornamental
Iron Workers , AFL-CIO, Memphis, Tennessee, its
officers , agents , and representatives, shall:
1. Cease and desist from threatening , or coercing,
or restraining Binswanger Glass Company to force or
require Binswanger Glass Company to assign the
installation of framing required for the erection of
the curtain wall on the Cook , Treadwell and Harry
Building in Memphis , Tennessee , to employees
represented by Respondent rather than to employees
who are represented by Glaziers & Glass Workers
Local Union No. 242 of the National Brotherhood of
Painters & Allied Trades, AFL-CIO.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Post at its business offices and meeting halls
copies of the attached notice marked "Appendix." 4
Copies of said notice , on forms provided by the
Regional Director for Region 26, after being duly
WE WILL NOT threaten , coerce , or restrain
Binswanger Glass Company to force or require
Binswanger Glass Company to assign the installa-
tion of framing required for the erection of
curtain wall on the Cook , Treadwell and Harry
Building in Memphis , Tennessee , to employees
represented by us rather than to employees who
are represented by Glaziers & Glass Workers
Local Union No. 242 of the National Brother-
hood of Painters & Allied Trades, AFL-CIO.
IRON WORKERS LOCAL
UNION No. 167,
INTERNATIONAL
ASSOCIATION OF BRIDGE,
STRUCTURAL AND
ORNAMENTAL IRON
WORKERS , AFL-CIO
(Labor Organization)
Dated By
(Representative) (Title)
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
This is an official notice and must not be defaced Any questions concerning this notice or compli-
by anyone . ance with its provisions may be directed to the
This notice must remain posted for 60 consecutive Board's Office , Clifford Davis Federal Building,
days from the date of posting and must not be Room 746, 167 North Main Street, Memphis,
altered, defaced, or covered by any other material. Tennessee 38103, Telephone 901-534-3161.